Articles Posted in personal injury

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soren-astrup-jorgensen-206084-unsplash-copy-300x200In California, everyone must carry the minimum amount of insurance required by state law. When you get into an accident with a negligent driver, you will have two insurance companies to deal with — your own, and that of the other driver. While this may sound fairly straightforward, it is not.

The insurance company, particularly the one for the other driver, is not your friend. They will try anything they can to get you to admit fault, or take your words out of context so you look like the negligent party. Many drivers are not familiar with their tactics. As such, they get tricked into providing things not required of them by law, or signing away their rights. Below are a few of the strategies these companies use to ruin your claim.

They Show Up Immediately

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saneej-kallingal-696189-unsplash-copy-300x200Leaving Neverland, the documentary outlining the sexual assault two young boys experienced at the hands of Michael Jackson, aired for two nights on HBO this past week. In the documentary, the boys recounted how Jackson not only abused them, but threatened them with the prospect of jail if they were to tell anyone. The boys were 7 and 10 at the time the abuse took place.

The documentary was graphic, sparing no detail, and was difficult to watch. It was an important documentary though, as hopefully it now gives sexual assault victims the voice they need to come forward and to know their story will be believed. It is important that any victim of sexual assault understands that they too, can come forward, even if not to pursue criminal charges. In California, it is also possible to file a civil lawsuit to claim compensation for this type of abuse.

Types of Sexual Assault

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abdiel-ibarra-249884-unsplash-copy-300x169If you are a driver in the San Francisco area, you likely have some stories about the distracted drivers you have seen around you. You can often see drivers eating, talking on the phone, texting, reading, and even putting on clothes or makeup. It is certainly scary to watch, especially knowing that they are behind the wheel of what is essentially a two-ton weapon moving at speed.  Many of us often say to ourselves, “That person is going to hurt or kill someone if they do not pay better attention to what they are doing!” The question then, is what happens when they actually do hurt or kill someone?

Motor Vehicle Accidents and Distracted Driving Statistics

In 2017 (the last year for which statistics are available), motor vehicle accidents were responsible for 37,133 fatalities in the US. According to The Office of Traffic Safety, California accounted for 3,602 of those. 858 pedestrians were killed by motor vehicles in California, as well.  Nationwide, 3,450 people were killed by distracted drivers as well as 562 pedestrians and bicyclists. This accounts for almost 10% of total fatalities. In California, which has some of the most strict distracted driver laws, there were more than 178,000 cell phone use convictions and more than 31,000 convictions for texting while driving (these numbers are for 2016, the most recent year for these numbers). Californians ranked texting while driving and talking on a phone (either with hands or hands-free) as the two largest dangers while driving and over 62% of those surveyed said they had either been hit or almost hit by someone using a cell phone.  Clearly, distracted driving is a serious issue and is causing a substantial number of injuries and deaths that are potentially avoidable.

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a-l-117960-copy-300x198Driverless vehicles may be the new wave of auto technology, but they do not come without their own set of legal issues. According to Forbes, 41% of Google’s Waymo autonomous driving vehicles have already been involved in 32 accidents in the Mountain View area. As if driving in San Francisco was not challenging enough for human motorists, now we have another aspect to consider: driverless vehicles. If you have been injured in an accident involving a driverless vehicle, contact the car accident attorneys at Willoughby Brod today for a full and free consultation of your case.

Who is at Fault?

Who is at fault in a car accident involving an autonomous vehicle depends on a number of factors, such as whether the vehicle was fully autonomous or partially autonomous. In order to determine which parties may be at fault, it is important to evaluate the specific case at hand. However, below is a list of parties that may be at fault depending on the specific circumstances.

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igor-ovsyannykov-219657-copy-300x200On November 5, 2018, two chilling vehicle collisions in San Francisco’s North Beach neighborhood that ended in fatalities remind all vehicle operators – but especially motorcyclists – to take utmost caution when on the road. While motorcycle accidents are not necessarily more common than other vehicular accidents, they do result in more fatalities and serious injuries. If you regularly ride your motorcycle around San Francisco, take the following precautions in order to keep yourself and those around you safe. If you have been injured in a motorcycle accident, contact the personal injury attorneys at Willoughby Brod so that we can help you fight for the compensation you deserve.

  1. Watch where you are going.

This may sound obvious, but in a vast majority of collisions involving a motorcycle and other vehicle, the other vehicle strikes the motorcycle head-on rather than from the rear. Thus, paying attention to the road ahead of you can prevent head-on collisions from occurring and drastically reduce the number of motorcycle accidents and fatalities.

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orlando-leon-390504-copy-200x300What is a Common Carrier?

In California, a common carrier is a transportation company that transports people, goods, or property around the state. A transportation company that wants to be labeled a common carrier must meet the following requirements:

  • The reason the transportation company was established was to transport people or goods from one place to another
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Even though electric scooters (e-scooters), such as Bird, Lime, Jump, and Spin are still relatively new to urban streets, there have already been thousands of e-scooter accidents all across the country. You should always abide by California laws and practice safety while on the road, but sometimes accidents are unavoidable. If you have been injured in an e-scooter accident, whether as the rider or as a pedestrian, you may be wondering who is responsible for your injuries. That depends on who was at fault in the accident. The scenarios below outline some of the most common forms of e-scooter accidents and who is at fault and responsible in each scenario.

Who is Responsible in an Electric Scooter Accident?

Rider

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nathan-dumlao-1064615-unsplash-copy-200x300With the recent boom in electric scooter shares like Bird, Lime, Spin, and Jump in California comes a parallel boom in scooter accidents. E-scooter accidents can involve two scooters, a scooter and a pedestrian, or a scooter and a car. Whether you are riding an electric scooter or walking on the street, it is important to use extra caution and abide by California laws in order to avoid accidents. We have compiled a list of the most common types of electric scooter accidents in California, so you can take extra precautions to try to avoid becoming the next victim.

Scooter Malfunction

The most common cause of e-scooter accidents is scooter malfunction. With the huge number of riders daily, it is impossible for scooter share companies to inspect each scooter after each use. It is even questionable whether scooter companies that claim to inspect their scooters daily in fact do so. For example, the scooter share company Bird has stated in emails to customers that they perform no preventative work on the scooters and rely on customers to bring complaints about any scooter malfunction. This directly contradicts their public statements of daily inspecting each Bird scooter. Scooter malfunction can include brake failures, electric motor issues, handlebar collapses, flat tires, and much more.

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nathan-dumlao-1064615-unsplash-copy-200x300In the wake of an e-scooter fatality in Texas immediately following California’s loosening of electric scooter (e-scooter) laws, one has to wonder whether safety precautions can be taken by individuals regardless of what the law requires. Despite California’s new laws removing the requirement to wear a helmet while riding an e-scooter, California residents are well advised to stick to the following safety tips while riding an e-scooter in order to avoid accidents. If you have been involved in an accident in the Santa Rosa or San Francisco area, however, make sure to seek the counsel of an experienced personal injury attorney immediately so that you can obtain the compensation you deserve for your injuries.

Always be Alert

While sharing the road with cars, bicycles, and pedestrians, the most important safety precaution you can take is to stay alert. There are many ways you can stay alert while riding on an e-scooter, including the following:

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It is virtually impossible to go through an entire day without taking at least one elevator. While we trust that the elevators we take are well-made and well-maintained, that is not always the case. Unfortunately, elevator accidents happen more frequently than you might think, and the resulting injuries can be severe. If you have been injured in an elevator or escalator accident, contact the personal injury attorneys at Willoughby Brod immediately to learn more about your rights and have a dedicated attorney fight for the compensation you deserve.

Causes of Elevator Accidents

Elevators can malfunction in a number of different ways, including the following:

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